In the case of Secretary of Public Welfare of Pennsylvania et al. v. Institutionalized Juveniles et al., 1978, the U.S Supreme Court ruled that juveniles committed to state institutions have a constitutional right to notice and an opportunity for a hearing before they are transferred from one institution to another if such transfer involves more restrictive conditions. The court held that due process requires at least an informal hearing before transferring a juvenile from a non-secure facility to a mental hospital or other secure confinement where there is potential for greater restrictions on their liberty. This decision was based on the Fourteenth Amendment's Due Process Clause which guarantees protection against arbitrary government actions affecting personal interests in life, liberty or property.

In the dissenting opinion for Secretary of Public Welfare of Pennsylvania v. Institutionalized Juveniles, Justice Marshall argued that institutionalizing juveniles without a hearing violated their constitutional rights to due process. He asserted that the majority's decision was based on an incorrect interpretation of precedent and failed to recognize the fundamental liberty interests at stake for these children. The state’s interest in providing care did not outweigh these rights, especially given its poor track record in caring for dependent children. Furthermore, he contended that procedural safeguards were necessary because decisions about child welfare often involve complex judgments susceptible to error and bias. Therefore, he believed hearings could help ensure more accurate determinations while also giving children a voice in proceedings affecting their lives.